The daily herald. [volume] (Honolulu, Hawaiian Islands) 1886-1887, 1887-01-29
SUPREME COURT.
January Term

| ~~atst'
Friday, January 18th, before Chief
Justice Judd, foreign jurors in attend
ance. Court opened at 10 a. m.
J. S. McGrew VS.. Barnes & McCand-
less This suit, for recovery of ex.
pense of completing an artesian well,
sunk by defendants but alleged by
plaintiff to have been left incomplete
by them, occupied the entire day, until
adjournment of the Court at five
o'clock, and will be resumed on the
opening Of the Court at nine O'Clock
Saturday morning. S. B. Dole and
Paul Neumann for plaintiff; w. A.
Kinney and c. Brown for defendants.
INTERMEDIARY DIVISION.
Friday, January aSth, before Judge
Preston The King VS.. Kun On.
Using threatening language. Defend.
ant withdraws his appeal. a Rosa,
Attorney General, for the Crown; W.
A. Whiting for the defendant
DECISION ON A MORTGAGE.
Yesterday Judge McCuly filed
decision in the cause Of Samuel G..
Wilder VS.. William G. Roland and
Helen Roland his wife. Bill in equity
for foreclosure Of mortgage and injunc-
ton to restrain defendants from collect,
ing rents on the mortgaged premises.
The mortgage was given to secure the
payment Of $4,000, and promissory
note was gwen at the same time but
had been lost by plaintiff The con
sideration of the note and mortgage
was bill OF lumber purchased of the
plaintiff, S. c. Wilder, by defendant,
w. G. Roland, and plaintiff alleged
that the lumber was used to build a
residence upon the premises wherein
the defendants have dwelt ever since.
Defendants in their answer admitted
the execution Of the mortgage and the
non-payment of the sum intended to be
secured by il, but alleged that large
sums had been paid on the original
account, and claimed that as far as
they were individually concerned the
amount secured by the mortgage had
been barred by the statute Of limita
tons. They further claim that the in
debtedness was the individual debt oil
| W. G.. Roland for which the separate
estate Of Helen Roland was not liable,
and that the land referred to in the mort
gage was conveyed in 864 by Frank Met
calf and Julia Prosser to w. G.. Roland
in trust to hold for the benefit Of Heller
Roland, who was by the deed restrain
ed from the power Of alienation anC
anticipation Of the income from the
premises They deny that the lumber
was used to build new house, but t
enlarge and repair an old one. Tit
: defendant VIM. c. Roland also sale
! that the plaintiff knew of the existence
OF the restraints but urged him, the de
: PENDANT, to raise money on a mortgage
! and that respondents executed the in
, sirument as an accommodation to tn
! complainant
The Court held that the restraints O
the decd in trust to VIM G. Rolan'
were valid 1t also held that the deb
forming the basis of the mortgage wa
: a debt Of the husband, who was boun
e to provide shelter for his wife, and
the trust could be set aside for tina
y debt it could likewise be set aside 70
: ony debt contracted by the HUSBAND
| for the support Of his family. The fac
c that the wife may have signed the note
i though such had not been proved
would not assist the claim on tn
|, property. In conclusion, the Court DE-
, clined to grant the injunction, sayin
y the plaintiffs claim stood, without tn
. security Of mortgage, on its commo
law footing. The temporary injun'
e ton was dissolved and the bill dismiss
IS ed. Ashford & Ashford for petition
1fl +. NJ Hatch for defendants
% A shrewd Chinaman has hit upo
e an article OF export from German
N which has thus far escaped the after
ton of the money-getting Teuton
The "heathen Chinee" has found OF
that fhe wrought iron of which hoTsi